Cyber Law Text Size:

Cyber law describes the legal issues related to use of inter-networked information technology. It covers many areas of law and regulation.

There is no single authority governing the cyber world. With the rapid expansion of the Internet, governments across the world have recognized that there is a need to secure and regulate it.

Courts around the world are creating Internet law. Cyber law is being developed by judges who must do their best to fit legal disputes on the Internet into preexisting legal frameworks. The legal principles governing conduct and commerce in cyberspace are constantly changing with claims of trademark and copyright infringement becoming common.

Domain Names

In the domain name arena, there has been litigation with well know companies with trademarked names fighting individuals who attempt to profit from the Internet by reserving and later reselling or licensing domain names that are the trademarked names of the companies.

Security

Commercial transactions over the internet raise the issue of security in connection with the transmission of sensitive data. Collection of consumer data and protection of that data from misuse is a major concern of consumers and businesses.

Recent advances in computer technology have made it possible for detailed information about people to be compiled and shared more easily and cheaply than ever. As personal information becomes more accessible, companies must take precautions to protect against the misuse of information.

Your company can protect internal proprietary data and company trade secrets from unauthorized dissemination through the use of ''firewalls.'' Firewalls are usually a collection of software and hardware that place an enhanced level of security on the file structure of an Internet computer system. A firewall allows access to information you wish to convey and yet controls or limits access to other areas of your computer network.

When handling consumer transactions involving credit information or credit card payment, you need to follow the current industry norms relating to data encryption. There are a number of third party transaction facilitators that specialize in credit card transactions. Any proposed payment system should include a sufficient analysis of the electronic payment system vendor's procedures and policies relating to data sharing.

Trademark, Service Mark and Intellectual Property

Care should be given when posting information on your company Web site that might belong to another party. Make sure you establish the copyright status prior to using the material. Republishing material may require securing a license from the appropriate party who owns the intellectual property right.

Privacy Policy

Your company should have a privacy policy in place. The policy should conform to the Federal Trade Commission (FTC) online privacy recommendations. Generally, under the FTC guidelines, a privacy policy should contain statements relating to notice, choice, access and security. Caution should be taken to strictly adhere to the published privacy policy. The FTC will take action on behalf of consumers if a Web site purports to protect personal information and then later sells or distributes the information to third parties.

Web sites that are collecting information from children under the age of 13 are required to comply with the Children's Online Privacy Protection Act (COPPA).

Web Site Hosting Agreements

Issues relating to Web site security and the hosting company's ability to address those concerns, Web site alteration without company's approval, disclosure of the number of Web site visits without company approval and Web hosting server performance specification guarantees should be addressed in your Web site hosting agreement. Additional issues include provisions for termination of Web hosting services, transfer of the Web site to another hosting company and warranties relating to server technology updates and server down time.

Related Resources on Lawyers.com^sm

Related Web Links